TOLES v. UNITED STATES

No. 8599.

371 F.2d 784 (1967)

Sally Saunders TOLES, Elyse Saunders Patterson and Sue Saunders Graham, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 11, 1967.


Attorney(s) appearing for the Case

Kenneth L. Harrigan, Albuquerque, N. M. (Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., with him on the brief), for appellants.

Robert M. Perry, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., John F. Quinn, Jr., U. S. Atty., John A. Babington, Asst. U. S. Atty., Roger P. Marquis and Edmund B. Clark, Attys., Dept. of Justice, with him on the brief), for appellee.

Before LEWIS and ALDRICH, Circuit Judges, and STANLEY, District Judge.


ALDRICH, Circuit Judge.

Some time prior to September, 1961 the government without prior permission, entered upon certain privately-owned lands in New Mexico, hereinafter termed the locus, and laid an underground cable. The work apparently left the surface of the locus in some disarray. In December, 1961 and January, 1962 appellants acquired the locus by warranty deeds which made no reference to this taking. In 1964 the government filed the present complaint to confirm...

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